Andrew Weissman, Chief, Fraud Section, Criminal Division
Paul J. Fishman, United States Attorney
John W. Borchert, Trial Attorney, Fraud Section, Criminal Division
Thomas J. Eicher, Assistant United States Attorney
Scott B. McBride, Assistant United States Attorney
Federal Bureau of Investigation
Department of Justice- Criminal Division’s Office of International Affairs
Type of Action:
DOJ Criminal Proceeding
Docket or Case Number:
D. New Jersey
Origin of the Proceeding:
Louis Berger International, Inc. ("LBI"), was a company incorporated under the laws of New Jersey and a wholly-owned subsidiary of Berger Group Holdings, Inc. ("BGH"). As part of a corporate restructuring, LBI assumed responsibility for all international operations and liabilities of BGH previously conducted by other BGH subsidiaries or affiliates. LBI was a privately held consulting firm that provided engineering, architecture, program and construction management services.
James McClung was a citizen and national of the United States who was employed by LBI as Senior Vice President.
From about 2000 until about April 2010, McClung made and concealed corrupt payments to foreign officials in India and Vietnam in order to obtain and retain contracts with government entities in those countries and to enrich LBI and his co-conspirators, including McClung himself.
On July 17, 2015, the DOJ filed a two count Information in the District of New Jersey against McClung alleging conspiracy to violate the anti-bribery provisions of the FCPA and direct and aiding and abetting/causing violations of the anti-bribery provisions of the FCPA. On the same date, McClung entered into a plea agreement with the DOJ. Under the terms of the agreement, McClung pled guilty to the two counts in the Information and agreed to be sentenced according to the sentencing guidelines. On July 14, 2016, the court sentenced McClung to a year and a day in prison and ordered him to pay a mandatory special assessment of $200.
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